Florida 2022 Regular Session

Florida House Bill H1039 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1039 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1039-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to fines levied by a homeowners' 2
16	16	association; amending s. 720.305, F.S.; providing that 3
17	17	a fine levied against a member or the tenants, guests, 4
18	18	and invitees of a member may not become a lien against 5
19	19	the parcel; providing an effective date. 6
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21	21	Be It Enacted by the Legislature of the State of Florida: 8
22	22	9
23	23	Section 1. Subsection (2) of section 720.305, Florida 10
24	24	Statutes, is amended to read: 11
25	25	720.305 Obligations of members; remedies at law or in 12
26	26	equity; levy of fines and suspension of use rights. — 13
27	27	(2) An association may levy reasonable fines. A fine may 14
28	28	not exceed $100 per violation against any member or any member's 15
29	29	tenant, guest, or invitee for t he failure of the owner of the 16
30	30	parcel or its occupant, licensee, or invitee to comply with any 17
31	31	provision of the declaration, the association bylaws, or 18
32	32	reasonable rules of the association unless otherwise provided in 19
33	33	the governing documents. A fine may be levied by the board for 20
34	34	each day of a continuing violation, with a single notice and 21
35	35	opportunity for hearing, except that the fine may not exceed 22
36	36	$1,000 in the aggregate unless otherwise provided in the 23
37	37	governing documents. A fine of less than $1,000 may not become a 24
38	38	lien against a parcel. In any action to recover a fine, the 25
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40	40	HB 1039 2022
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1039-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	prevailing party is entitled to reasonable attorney fees and 26
52	52	costs from the nonprevailing party as determined by the court. 27
53	53	(a) An association may suspend, for a reasonable period of 28
54	54	time, the right of a member, or a member's tenant, guest, or 29
55	55	invitee, to use common areas and facilities for the failure of 30
56	56	the owner of the parcel or its occupant, licensee, or invitee to 31
57	57	comply with any provision of the declaration, the association 32
58	58	bylaws, or reasonable rules of the association. This paragraph 33
59	59	does not apply to that portion of common areas used to provide 34
60	60	access or utility services to the parcel. A suspension may not 35
61	61	prohibit an owner or tenant of a parcel from having vehicular 36
62	62	and pedestrian ingress to and egress from the parcel, including, 37
63	63	but not limited to, the right to park. 38
64	64	(b) A fine or suspension levied by the board of 39
65	65	administration may not be imposed unless the board first 40
66	66	provides at least 14 days' notice to the parcel owner and, if 41
67	67	applicable, any occupant, licensee, or invitee of the parcel 42
68	68	owner, sought to be fined or suspended and an opportunity for a 43
69	69	hearing before a committee of at least three members appointed 44
70	70	by the board who are not officers, directors, or employees o f 45
71	71	the association, or the spouse, parent, child, brother, or 46
72	72	sister of an officer, director, or employee. If the committee, 47
73	73	by majority vote, does not approve a proposed fine or 48
74	74	suspension, the proposed fine or suspension may not be imposed. 49
75	75	The role of the committee is limited to determining whether to 50
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77	77	HB 1039 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1039-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	confirm or reject the fine or suspension levied by the board. If 51
89	89	the proposed fine or suspension levied by the board is approved 52
90	90	by the committee, the fine payment is due 5 days after notice of 53
91	91	the approved fine is provided to the parcel owner and, if 54
92	92	applicable, to any occupant, licensee, or invitee of the parcel 55
93	93	owner. The association must provide written notice of such fine 56
94	94	or suspension by mail or hand delivery to the parcel owner and, 57
95	95	if applicable, to any occupant, licensee, or invitee of the 58
96	96	parcel owner. 59
97	97	Section 2. This act shall take effect July 1, 2022. 60